### 40317 Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Proposed Rules

No. 3 are at least as stringent as those required in the December 21, 2007, ‘‘Reasonable Possibility’’ rule. IV. Statutory and Executive Order Reviews

Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action:

• Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993);

• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq. );

• Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq. );

• Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4);

• Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

• Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and

• Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law. List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds, Incorporation by reference.

Authority: 42 U.S.C. 7401 et seq. Dated: June 25, 2012. Howard M. Cantor, Acting Regional Administrator, Region 8.
[FR Doc. 2012–16721 Filed 7–6–12; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R09–OAR–2012–0021; FRL–9696–8]**

**Approval, Disapproval and Promulgation of Air Quality**  **Implementation Plans; Arizona; Regional Haze State and Federal**  **Implementation Plans**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule; announcement of public hearing.

**SUMMARY :**  EPA is announcing that a public hearing will be held on July 31, 2012 for the proposed rule, ‘‘Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze State and Federal Implementation Plans’’, which will be posted on EPA’s Web site by July 5,
2012.

**DATES :**  The public hearing will be held on July 31, 2012. See the Supplementary Information section for further details about the public hearing.

**ADDRESSES :**  See the **SUPPLEMENTARY**
**INFORMATION** section for hearing location.

**FOR FURTHER INFORMATION CONTACT :**  If you have questions about the public hearing, please contact Thomas Webb, U.S. EPA, Region 9, phone (415) 947– 4139, email webb.thomas@epa.gov. If you are a person with a disability under the ADA and require a reasonable accommodation for this event, please contact Philip Kum at kum.philip@epa.gov or at (415) 947– 3566 by July 15, 2012. **SUPPLEMENTARY INFORMATION :**  Section 169A of the Clean Air Act (CAA) establishes as a national goal the ‘‘prevention of any future, and the remedying of any existing, impairment of visibility in mandatory Class I Federal areas which impairment results from manmade air pollution.’’ Arizona has twelve mandatory Class I areas; several Class I areas in other states are also affected by emissions from Arizona facilities.

Regional haze is visibility impairment caused by the cumulative air pollutant emissions from numerous sources over a wide geographic area. EPA’s proposed Regional Haze Federal Implementation Plan (FIP) for Arizona will address the requirements of the CAA and EPA’s regional haze regulations pertaining to Best Available Retrofit Technology (BART) for three electric generating stations in Arizona: Apache Generating Station, Cholla Power Plant and Coronado Generating Station. EPA will propose to address other facilities and other elements of the Arizona SIP in a later action. The proposed rule, ‘‘Approval, Disapproval and Promulgation of Air Quality Implementation Plans; Arizona; Regional Haze State and Federal Implementation Plans’’, will be available by July 5, 2012 on the following Web site: http://www.epa.gov/ region9/air/actions/arizona.html and will subsequently be published in the Federal Register

.

The proposed rule and information on which the proposed rule relies will also be available in the docket for this action. Generally, documents in the docket will be available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While all documents in the docket are listed at www.regulations.gov, some information may be publicly available only at the hard copy location (e.g., copyrighted material, large maps), and some may not be publicly available in either location (e.g., Confidential Business Information). To inspect the hard copy materials, please schedule an appointment during normal business hours with the contact listed in the **FOR**
**FURTHER INFORMATION CONTACT** section.

Public hearing: EPA will hold a public hearing at the following date, time and location to accept oral and written comments into the record:

Date: July 31, 2012. Time: Open House: 4:00–5:00 p.m. Public Hearing: 6:00–8:00 p.m. Location: Sandra Day O’Connor Federal Courthouse, in the atrium and juror room, 401 W. Washington Street, Phoenix, AZ 85003–2118.


### 40318 Federal Register / Vol. 77, No. 131 / Monday, July 9, 2012 / Proposed Rules

To provide an opportunity for questions and discussion, EPA will hold an open house prior to the public hearing. During this open house, EPA staff will be available to informally answer questions on our proposed rule. Any comments made to EPA staff during the open house must still be provided formally in writing or orally during the public hearing in order to be considered in the record.

The public hearing will provide the public with an opportunity to present data, views, or arguments concerning the proposed Regional Haze action for Arizona. EPA may ask clarifying questions during the oral presentations, but will not respond to the presentations at that time. Simultaneous translation in Spanish will be available during the public hearing. Written statements and supporting information submitted during the comment period will be considered with the same weight as any oral comments and supporting information presented at the public hearing. Please consult the proposed rule for guidance on how to submit written comments to EPA.

At the public hearing, the hearing officer may limit the time available for each commenter to address the proposal to five minutes or less if the hearing officer determines it is appropriate. Any person may provide written or oral comments and data pertaining to our proposal at the public hearing. We will include verbatim transcripts, in English, of the hearing and written statements in the rulemaking docket.
List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen oxides, Sulfur dioxide, Particulate matter, Reporting and recordkeeping requirements, Visibility, Volatile organic compounds.

Dated: June 27, 2012. Deborah Jordan, Air Division Director, Region IX.
[FR Doc. 2012–16705 Filed 7–6–12; 8:45 am]

**BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 300**

**[EPA–HQ–SFUND–2011–0647; FRL–9697–5]**

**RIN 2050–AD75**

**Availability of Addendum to Documentation Supporting the**  **Proposal of the Leeds Metal Site to the National Priorities List** 

**AGENCY :**  Environmental Protection Agency.

**ACTION :**  Proposed rule; notice of data availability.

**SUMMARY :**  This Notice provides an opportunity to comment on the EPA’s revised Hazard Ranking System (HRS) scoring for the Leeds Metal site in Leeds, Maine. The site was proposed to the National Priorities List (NPL) on September 16, 2011.

**DATES :**  Comments must be submitted (postmarked) on or before August 8,
2012.

**ADDRESSES :**  Submit your comments, identified by Docket number EPA–HQ– SFUND–2011–0647, by one of the following methods:

• www.regulations.gov: Follow the online instructions for submitting
comments.

• Email: superfund.docket@epa.gov

.

• Mail: Mail comments (no facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA Docket Office; (Mail Code 5305T); 1200 Pennsylvania Avenue NW.; Washington, DC 20460.

• Hand Delivery or Express Mail: Send comments (no facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue NW.; EPA West, Room 3334, Washington, DC 20004. Such deliveries are accepted only during the Docket’s normal hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays).

Instructions: Direct your comments to Docket number EPA–HQ–SFUND– 2011–0647. The EPA’s policy is that all comments received will be included in the public Docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system; that means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public Docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses.

Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the EPA Headquarters CERCLA Docket Office, 1301 Constitution Avenue NW.; EPA West, Room 3334, Washington, DC 20004. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the EPA Headquarters CERCLA Docket Office is (202) 566–0276. Comments must be submitted to the EPA Headquarters as detailed at the beginning of this preamble in the ‘‘Addresses’’ section. Please note that the mailing addresses differ according to method of delivery. There are two different addresses that depend on whether comments are sent by express mail or by postal mail.

**FOR FURTHER INFORMATION CONTACT :**  Terry Jeng, phone: (703) 603–8852, email: jeng.terry@epa.gov, Site Assessment and Remedy Decisions Branch, Assessment and Remediation Division, Office of Superfund Remediation and Technology Innovation (Mail Code 5204P), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460.